Note: § 5.28.090 repealed by Ord. 2668-3/84.
No person shall maintain, conduct, manage or operate a public
dance hall or public dance within the City of Huntington Beach without
a permit issued pursuant to the provisions of this chapter. A public
dance permit shall be valid only for the dance or dances enumerated
therein and shall not be transferable.
(230-1/22, 2668-3/84)
Any person or entity desiring to obtain a permit to operate
or conduct a public dance hall or public dance shall make application
to the Police Chief and pay the fee established by resolution of the
City Council. Such application shall be on a form approved by the
City and shall be filed at least 30 days prior to the proposed dance.
(2668-3/84)
Upon completion of investigation, the Police Chief shall grant
the permit if he or she finds that:
A.
The
required fee has been paid.
B.
The
application conforms in all respects to the provisions of this chapter.
C.
The
applicant has not knowingly made a material misrepresentation in the
application.
D.
The
applicant, if an individual, or any of the stockholders of the corporation,
any officers or directors, if the applicant is a corporation, or any
of the partners, including limited partners, if the applicant is a
partnership, has not been convicted in a court of competent jurisdiction
of an offense involving conduct which requires registration under
California Penal Code Section 290, or of conduct violating Penal Code
Sections 314, 315, 316, 318, 647(a), 647(b) and 647(h), or convicted
of an attempt to commit any of the abovementioned offenses or convicted
in any state of any offense which if committed or attempted in this
state, would have been punishable as one or more of the abovementioned
offenses, or any crime involving dishonesty, fraud, deceit, or moral
turpitude.
E.
Applicant,
or any of its owners, partners, officers or directors has not had
a public dance hall or public dance permit or similar license or permit
issued by this City denied or revoked within five years prior to application.
F.
The
proposed dance hall or public dance would comply with all applicable
laws, including but not limited to, health, zoning, fire and safety
requirements and standards. Prior to granting a permit, the Chief
shall obtain a certificate from the Community Development Director
certifying that the proposed use is in compliance with the land use
and zoning provisions of the applicable municipal and ordinance codes.
In the event that land use and/or zoning approvals are required, they
shall be obtained prior to issuance of a permit.
G.
Applicant
is at least 18 years of age.
H.
The
applicant possesses good moral character and is a proper person to
conduct such a business.
(2668-3/84)
If the Police Chief, following investigation of the applicant,
finds that the applicant does not fulfill the requirements of this
chapter, he or she shall notify the applicant in writing within 30
days after receipt of the application. However, failure to notify
the applicant shall not constitute a basis for granting the permit.
The applicant shall have 10 days after notification of denial is mailed
to appeal such denial to the City Manager, pursuant to the provisions
of this chapter.
(2668-3/84)
No person maintaining or carrying on a public dance hall, or
having charge or control thereof, or employed in and about the same,
shall hold, conduct or carry on, or cause or permit to be held, conducted
or carried on any dance or dancing in any such public dance hall and/or
dancing pavilion in this City between the hours of 1:00 a.m. of any
day and 7:00 a.m. of the same day except upon special permission in
writing, signed by the Police Chief. In determining whether to allow
dances outside the hours specified herein, the Chief shall consider:
A.
The
health, safety, and welfare of persons attending;
B.
The
peace, quiet and safety of persons and uses of property in the surrounding
area; and
C.
Whether
the proposed hours are in conformance with applicable laws, ordinances,
and land use permits.
(230-1/22, 414-6/38, 2668-3/84)
No person conducting, maintaining or carrying on a business,
or having charge or control thereof, which permits public dancing
to be allowed on its premises shall permit to be admitted on such
business premises any minor under the age of 21 years, if any alcoholic
beverages are consumed, dispensed or sold on the premises, unless
the minor is accompanied and under the care at all times of his or
her parent or parents or legal guardian.
(1143-6/65)
It is unlawful for any minor under the age of 21 years to enter
or to be in or remain on any business premises of this City at any
time when a public dance is in progress, or being held, conducted
or carried on therein when any alcoholic beverages are consumed, dispensed
or sold on the same premises, unless the minor is accompanied or under
the care at all times in said dance hall, of his or her parent or
parents, or legal guardian.
(1143-6/65)
No person conducting, maintaining or carrying on a public dance
hall, or having charge or control thereof, shall permit to be admitted
to such public dance hall, or to dance therein, any minor under the
age of 15 years at any time while a dance or dancing is in progress
or being held, conducted or carried on therein, unless while in said
dance hall the minor is accompanied and under the care at all times
of his or her parent or parents or legal guardian.
(230-1/22, 233-2/22, 2668-3/84)
It is unlawful for any minor under the age of 15 years to enter,
or to be or remain in any public dance hall in this City at any time
when a dance or dancing is in progress or being held, conducted or
carried on therein, or to dance therein, unless while in the dance
hall the minor is accompanied and under the care at all times of his
or her parent or parents or guardian. Any person attending a dance
shall furnish acceptable proof of identity and age upon request.
(230-1/22, 233-2/22, 2668-3/84)
While attending any dance permitted under this chapter and for one-half hour thereafter, with proof of attendance at such dance, a minor shall be excepted from the curfew provision contained in Section 9.68.010 of this Code.
(2668-3/84)
It is unlawful for any person maintaining, conducting or carrying
on any public dance hall or public dance or having charge or control
thereof, or for any person employed in and about the same, to allow
or permit any intoxicated or disorderly person, as defined in California
Penal Code subsections 647(a), (b), (c), (d), (f) and (ff), to enter,
be or remain, or to dance at a public dance hall or dance, or to permit
possession or consumption of any controlled substance, as defined
in the Health and Safety Code, at any dance.
(230-1/22, 1935-11/74, 2668-3/84)
No person as principal, agent, or otherwise, carrying on, maintaining
or conducting a public dance hall or public dance in this City shall
permit any person or persons to indulge in any act which injures the
person or property of another, or which disturbs or endangers the
public peace or health, or which outrages public decency in such public
dance hall or in any of the hallways leading thereto.
(230-1/22, 587-6/52, 1935-11/74, 2668-3/84)
It is unlawful for any person conducting, maintaining or carrying
on a public dance hall, or having charge or control thereof, or for
any person employed in and about the same, to hold or conduct, or
to cause or permit to be held or conducted, any dance or dancing in
any dance hall after sunset of any day, unless such public dance hall
be lighted or illuminated either by gas or electric light, or other
means, in such manner and to such extent as is usual or customary
for lighting or illuminating halls or rooms of like dimensions in
the nighttime for public assemblies, before any person is admitted
thereto and before any dance or dancing is commenced therein.
(230-1/22)
The intensity of such lighting or illumination shall at no time
be less than one candle power at a plane three feet above the floor
of such dance hall at all parts of such hall.
(230-1/22)
Such lighting or illumination shall be maintained thereafter
throughout the entire time while such dance or dancing is in progress,
without a diminution and without interruption, until such dance or
dancing is concluded and until such hall is cleared and closed.
(230-1/22)
No person shall shut or turn off the lights or lighting, or
reduce the intensity thereof below the minimum in this chapter prescribed
in any public dance hall at any time after sunset or any day while
a dance or dancing is in progress or being conducted therein, or during
any recess or other intermission in such dance or dancing.
(230-1/22)
In the event that any person holding a permit to conduct a public
dance hall or public dance shall violate or cause or permit to be
violated any condition of such permit, or any provision of this chapter,
or shall conduct such public dance hall or dance, or otherwise cause
or permit the same to be conducted in an illegal, disorderly or improper
manner, such permit may be revoked by the Police Chief in the manner
hereinafter provided, and such revocation shall be in addition to
the other penalties provided for a violation of any of the provisions
of this Code. Said notice to revoke may be issued whether or not the
dance has been held.
(230-1/22, 2668-3/84)
Upon receipt of the notice of appeal the City Manager, or his
or her designee, shall set the matter for hearing. Notice of hearing
shall be in writing and served at least five days prior to the date
of such hearing upon the appellant.
(230-1/22, 2668-3/84)
Where a dance has been scheduled within five days after revocation,
the permittee may waive time and, if feasible, have an immediate hearing
before the City Manager or designee.
(230-1/22, 2668-3/84)
Any notice shall be served by delivering the same personally
to the holder of such permit, or to his or her or its manager or agent,
or person in charge of the office or residence of permittee, listed
in the application, if any of them can be found.
(230-1/22, 2668-3/84)
If the holder of such permit, or such manager, agent or person
in charge of such public dance hall or dance, or the office of permittee
cannot after due diligence be found in this City, and personal service
of such notice cannot be made in this City, then a copy of such notice
shall be mailed postage prepaid, addressed to the holder of such permit
at his or her place of business or residence, if known, at least five
days prior to the date of such hearing, and if not known, then a copy
of such notice shall be posted in a conspicuous place on the premises
where the dance is to be conducted.
(230-1/22, 2668-3/84)
Any person aggrieved by denial of an application may file a
written appeal from such denial within 10 days with the City Manager.
The notice of appeal shall specify the subject matter of the appeal,
the date of application, the date of denial, the basis for appeal,
and the name and address of appellant.
(2668-3/84)
A hearing shall be held within a reasonable time before the
City Manager or his or her designee. The appellant shall be notified
of the hearing by notice sent by mail at least 10 days before the
hearing to the appellant at the address set forth in the notice of
appeal. The City Manager may sustain, modify, or overrule the decision
of the Police Chief, based upon the criteria set forth in this chapter
for issuance or denial of the permit sought.
(2668-3/84)
Any person aggrieved by a decision of the City Manager may appeal
to the City Council within 10 days; provided, however, that any decision
revoking a permit shall suspend the permit pending appeal or until
further order of the City Council, and no dance may be held under
such revoked permit.
(2668-3/84)
Any violation of this chapter and/or the terms and conditions
of a permit granted hereunder shall constitute grounds for denial
of any subsequent application for a permit for a dance to be held
within one year of such violation.
(2668-3/84)
Any person who violates any of the provisions of this chapter
shall be deemed guilty of a misdemeanor, and upon conviction thereof
shall be punishable by a fine or by imprisonment or by both such fine
and imprisonment, as provided in this Code.
(230-1/22)
Upon such conviction, any permit which may have been granted
to such person to conduct, maintain or carry on any public dance hall,
or dance, shall be rendered void ipso facto, and shall be revoked
as hereinbefore provided.
(230-1/22, 2668-3/84)
The provisions of this chapter shall not apply to any dance
or ball given, held or conducted by any bona fide club, society or
association organized or conducted for benevolent, charitable, dramatic
or literary purposes, having an established membership of persons
regularly elected or admitted thereto, and which shall hold meetings,
other than such balls or dances, at regular stated intervals, when
the proceeds arising from such ball or dance shall be intended to
be used and be used for the promotion of the purposes of such club,
society or association, or to any private dance or ball, held or conducted
for social purposes only and not for profit, to which persons are
admitted or at which persons are allowed to dance without payment
of a fee or charge therefor, except such as may be required for the
purpose of defraying the actual expenses of holding or conducting
such dance or ball.
(230-1/22)
The provisions of this chapter shall apply to any dance or ball, other than a dance or ball of the character hereinbefore in Section 5.28.210 referred to, when invitations or tickets for admission to such dance or ball are sold or offered for sale publicly, or to the public generally.
(230-1/22)
